What is the burden of proving that the police have committed a crime against a person by failing to provide evidence of criminal intent?
"New York", United States of America
The following excerpt is from People v. Velazquez, 103 N.Y.S.3d 801, 64 Misc.3d 575 (N.Y. Crim. Ct. 2019):
( People v. Dodt , 61 N.Y.2d 408, 474 N.Y.S.2d 441, 462 N.E.2d 1159 [1984] ). Once the prosecution meets this initial burden, the defendant bears the ultimate burden of showing the illegality of the police conduct (See e.g. Berrios , 28 N.Y.2d at 367, 321 N.Y.S.2d 884, 270 N.E.2d 709 ;
[103 N.Y.S.3d 806]
People v. Di Stefano , 38 N.Y.2d 640, 652, 382 N.Y.S.2d 5, 345 N.E.2d 548 [1976] ).
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